A disciplina, pela legislação processual penal brasileira, da prova pericial relacionada ao crime informático praticado por meio da Internet. / The discipline, by brazilian criminal procedure law, of the expert examination related to computer crime commited through the Internet.
Vera Kaiser Sanches Kerr
DATA DE PUBLICAÇÃO
With the advent and development of information technology and especially of the Internet, criminal offenses have gained a new practice environment. The innovative aspect related to such illicits is the digital media, also called electronic media. As it happens, computer crime committed through the Internet is the type that leaves evidence, being that it is mandatory, to establish the authorship and materiality of the criminal act, the examination of the corpus delicti. This examination is performed by experts in computational forensics. Although the expert examination is ruled by the Brazilian Code of Criminal Procedure, since it is a typical means of generating evidence, this procedure is extremely generic and does not foresee, therefore, specific procedures about expert examination in computer crime committed through the Internet. Thus, the present work aims to examine the expert evidence on computer media, computer-crime crime committed through the Internet as a means of typical evidence, as a function of technological progress, and discuss the viability of its discipline, specifically, by the Brazilian criminal procedure law. The importance of having legal instruments governing the subject is justified not only when investigations run at national level but also internationally, what will facilitate the adherence of Brazil to international treaties and conventions governing joint investigations between sovereign states, considering that computer crime committed through the Internet, in most cases, has a transnational nature.
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